WHO OWNS THE LOCAL CHURCH, LOCAL MEMBERS OR THE NATIONAL CHURCH?

This is a question that is being asked across the country in the Church of God in Christ. Bishops seem to believe the National Church owns the property and because they are the National Church’s representative, they manage these so called ownership rights.

“Local churches and, pastors are leaving the Church of God in Christ. They are leaving because they see no benefit in laboring to develop a strong congregation whose assets are vulnerable to the intrusion of those who have contributed nothing to its well being, or establishment. Can we validly insist on authority without any investment, withdrawals without any deposits?” (Why I Stood For The Defense In Orlando; Bishop Charles E Blake)

In the Church of God in Christ, many of the local members believe ownership of the local church rest with them. They believe, they purchased, repair, and pay all the bills means ownership. That is not what the leaders of COGIC believe. We are still asking the question; “Can we validly insist on authority without any investment, withdrawals without any deposits?”

Here is a list of churches where the people are in civil court because the National Officials believe (in the words of Bishop Blake) the trust creates ownership rights for COGIC, Inc. which they can exert and manage[Read Letter].

Greater First Knoxville, Tennessee– By using deception and half-truths Bishop James Scott with assistance from Bishop Blake is trying to take over this church. It is all about the Benjamin’s ($100 dollar bills).

Pacific Mount Olive Los Angeles, CA – Bishop Hackworth and Bishop Blake , with the use of deception, half-truths are trying to oust these members from their Church and all PMO property. [Read Chronology]

Bishop Brandon Porter– At Williams Temple Houston, Texas, Bishop Brandon Porter, in violation of Texas statutes has held a bogus vote and removed the duly elected Board of Trustees, refused to perform a count and is trying to steam roll over the people. A letter was sent to Bishop Blake and other COGIC official which fell on deaf ears.[Read Letter]

Bishop David Hall – Bishop Hall sued a church there in Memphis seeking control over the church’s real and personal property. His suit was dismissed, Bishop Hall appealed and the dismissal was affirmed. [Read Order]

Bishop Matthew Williams – Is suing the Remnant Church in Tampa, Florida which wants to leave COGIC. This story was reported by the Tampa ABC affiliate TV News.

In the April 2014 General Assembly meeting the Constitution Committee presented and read an amendment which would end all of this madness. The amendment which is included in Attachment H, calls for the local church to have exclusive control and ownership of the local church. It does not change or modify in any way the appointment of the Pastor. For whatever reason, this amendment has not been allowed to come forward anymore. It is not known if that is because Bishop David A. Hall is now the chairman of that committee or not. This amendment would eliminate most of the lawsuits such as the ones listed above. If the local people build it, pay for it, maintain it, it is only logical that they should own it. Again this amendment has been read once, do not allow it to be weakened.

FEDERAL LAWSUIT FILED

There has been another lawsuit filed against COGIC. This time however it has been filed in the UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. Read the first page below,

The other day I heard someone say, the Church of God in Christ is a “hierarchical church”. The word “hierarchical” is used in more than one way.

One meaning is as the person said, the power is vertical, meaning the Presiding Bishop is over the Jurisdictional Bishop, who is over the Superintendent and the Pastor.

The other and most devastating usage is that used by the civil court. The civil court does not care about the leadership structure. They deal with property ownership. To the civil court, in a hierarchical church, the National or parent organization OWNS the property and the local people purchase it and maintain it as a gift to the National Church. The US Supreme Court used the labels Congregational and Hierarchical for the first time in the infamous case WATSON Vs JONES, and since it benefits the National Church, they all said Amen.

A Hybrid would use parts of both systems. For property ownership, it could use aspects of the Congregational system. Combining the two systems would give you the HYBRID

The General Assembly of the Church of God in Christ can define itself. You can say what type of Government or as a lawyer would say “polity” your church has.

Concerning property ownership, The Church of God in Christ lets it’s members believe the local church owns the property: (Congregational). Concerning the leadership structure, I think Bishop Blake in his wisdom said it best

“Thus, the structure is not a pure hierarchy; it is a “hybrid structure” in which power flows both upwards and downwards. Power flows upwards (not downwards like a hierarchy) from the delegates of the General Assembly to the General Board and Presiding Bishop. And then it flows downwards (as in a hierarchy) to the bishops and to those under their charge. It is episcopal in that it affirms the authority of the bishops who are those above. At the same time, it is governed by a constitution, and thus the constitutional rights of the pastors and congregations, who are those who are below, must not be abused or alienated from them.” (page 4, paragraph 2, of the book “WHY I STOOD FOR THE DEFENSE IN ORLANDO” ) Click this link to read thecomplete book by Bishop Charles E. Blake.

DON’T TRUST THE TRUST CLAUSE!

There is a lot of confusion as to what the ‘Trust Clause” found in the COGIC, Inc constitution really means. The COGIC Trust clause found in the Official Manual, Article III, Part II, Section D paragraph 9 on page 16 states;

“The said property is held in trust for the use and benefit of the members of the Church of God in Christ with National Headquarters in the City of Memphis. Shelby County. Tennessee, and subject to the Charter, Constitution, Laws and Doctrines of said Church, now in full force and effect or as they may be hereafter amended, changed or modified by the General Assembly of said Church”

How many people really know what that means? To put it bluntly it gives the National Church ownership of your property.
In Wichita, Kansas, in 2005, in District Court, the former General Counsel said; ” The members of the Church of God in Christ are all members who are a part of the national organization from the headquarters down to the local assembly.”
Since the General Counsel in his official position stated this for the court, that is the position of the Executive branch of COGIC, Inc.
Did you know you are holding your Church for everybody who is part of the national organization? And here you thought it was for the local members.

Black’s Law Dictionary gives the definition of a Trust as;

1. An equitable or beneficial right or title to land or other property, held for the beneficiary by another person, in whom resides the legal title or ownership, recognized and enforced by courts of chancery. See Goodwin v. McMinn, 193 Pa. 046, 44 Atl. 1094, 74 Am. St. Rep. 703; Beers v. Lyon, 21 Conn. 613; Seymour v. Freer, 8 Wall. 202, 19 L. Ed. 300. An obligation arising out of a confidence reposed in the trustee or representative, who has the legal title to property conveyed to him, that he will faithfully apply the property according to the confidence reposed, or, in other words, according to the wishes of the grantor of the trust. 4 Kent Comm. 304; Willis, Trustees, 2; Beers v. Lyon, 21 Conn. 613; Thornburg v. Buck, 13 Ind. App. 446, 41 N. E. 85. An equitable obligation, either express or Implied, resting upon a person by reason of a confidence reposed in him, to apply or deal with the property for the benefit of some other person, or for the benefit of himself and another or others, according to such confidence. McCreary v. Gewinner, 103 Ga. 528, 29 S. E. 9G0. A holding of property subject to a duty of employing it or applying its proceeds according to directions given by the person from whom it was derived. Munroe v. Crouse. 59 Hun. 248, 12 N. Y. Supp. 815. Law Dictionary: http://thelawdictionary.org/trust/#ixzz2rGkq7QOw

In layman’s terms, what that means is; you give the beneficiary (the National Church) an equitable (think equity as in equity in your house) interest in your Church. Their name does not have to be on the deed. When you join, pay your National Reports, participate and go to the meetings you are on the hook.

The attorneys know this but they talk in legal speak where words have a different meaning to them and the civil court than it does to those not trained in the law. This I think is done to deceive, when you want to communicate truth you speak the language your hearer will understand.

Different states also handle this differently. Some states use the “Neutral Principle”, that means whatever name is on the deed, that whose it is. Others states use whatever their state law says. The third and the one that is most harmful to the local members is the “Hierarchical Principle”. You should find out which policy your state uses but remember, it could change with the stroke of a judges pen.

If the Trust Clause stated it was held for none but the local church members or congregation, it would protect the local church.

As it stands, every chicken dinner, every bake sale done for the church is for the National Church, because of the “Trust Clause.”

Because of the Trust Clause, you are owners in name only. Which makes you a sharecropper.

IS THE MISCONDUCT RESOLUTION BEING ABUSED?

The resolution granting the authority to suspend, presented and passed on November 12, 2002 is being used in a manner that causes due process for pastors and potentially all credential holders to be in jeopardy. (Resolution is found on page 2)

It was originally purported as way to protect the National Church from Misconduct involving Sexual Molestation (See the first and last Whereas).

From the Church of God in Christ online Sexual Misconduct course, the definition of Sexual Misconductis;Any conduct of a sexual nature that is non-consensual, including but not limited to sexual harassment and sexual assault, or any behavior that has the effect of threatening or intimidating the individual against whom such conduct is directed. A minor or mentally incapacitated individual can never consent to conduct of a sexual nature.
From the Church of God in Christ online Sexual Misconduct course the definition for Sexual Harassment is;Sexual harassment, which is a form of sexual misconduct, is unwelcome attention, advances, touching, or harassment of a sexual nature that includes a range of behavior from mild, implicit or subtle transgressions an annoyances to overt and blatant activity or conduct than can involve forced sexual activity in an employment environment.

November 12, 2002 Resolution

This resolution has been misapplied and used as an excuse to deny Pastors their due process under the law of the Church of God in Christ. It is an act of injustice to use this resolution to circumvent the pastor’s constitutional rights of due process when competent, consenting adults are involved.

One such case is at the Bethel Temple Church of God in Christ in Gary, Indiana in the Third Jurisdiction of Indiana, Bishop E. Bobby Warren is the Jurisdictional Bishop .

When you look at the picture of the church, one wonders if the true motive is the acquisition of the church.

An allegation was made of conduct between two consenting adults. The accusation have to this point not been substantiated but have been categorically denied, a case of He said/ she said. The pastor was denied the rights as shown here from ARTICLE VIII, Section B, paragraph 2, sub paragraph, pages 31-32 of the Official Manual;

2 The procedure for the trial of a local Pastor shall be as follows:
(a) When a majority of the members of the Church Of God In Christ have documented evidence that a Pastor of a local church has committed any or all of the offenses enumerated hereinabove, they may file charges against such Pastor specifically setting out the acts and things complained of The original copy of the charges shall be filed in the office of the Secretary of the Assembly of the Ecclesiastical Jurisdiction of which the Church and Pastor are a pan, or with which they are affiliated, and copies thereof shall be filed in the office of the General Secretary of the Church Of God In Christ at its National Headquarters in Memphis. Tennessee.

How will the General Council of Pastors and Elders respond?

Will the council require the law be followed?

As we prepare to celebrate the birthday of Dr. Martin Luther King Jr., I am thought a line from his paper, ”Letters from the Birmingham Jail” where he wrote;

THE FIRST JUDICIARY BOARD

The First Judiciary Board in the Church of God in Christ was established as early as the 1940’s and operated until the new era of Church Government, (The General Board). The actions and recommendations of the board was recorded in the General Assembly (first known as the General Council of the Church of God in Christ) Minutes of 1959 as well as 1960. The minutes verify two cases found in the book “HISTORY REVEALS THE FACTS”, with a date of March 18, 1993 found on the page with a heading “Overview”. This Judiciary Board operated from at least 1959-1969 and then, for unknown reasons, ceases to exist. In the 1959 General Assembly Minutes (click here to view a copy) Item #5 shows the Judicial Board addressing a case known as “Richardson versus Jefferson. In 1960 it shows the Judicial Board making a recommendation the the General Assembly (Click here to view the minutes).

PREFACE

In 1992 a Judiciary Board was elected by the General Assembly and has mistakenly been identified as the First Judiciary Board of the Church of God in Christ.

A CRISIS IN THE RANKS OF COGIC LEADERS

There appears to be a crisis with the leaders of the Church of God in Christ. Bishops Larry Shaw and Thomas Holsey have sent a notice of intent to file a Federal Lawsuit against Bishop Blake, Bishop J. H. Sheard and THE CHURCH OF GOD IN CHRIST, INC. alleging violations of the RICO laws. This appears to come out of the pursuit of Bishop Holsey and other issues. The Word of God tells us Christ gave himself that he might present it to himself a church without spot or wrinkles (Ephesians 5:26-27). When we as “saints” of God do these things, we cause the Name of God to be blasphemed, and if those in leadership are guilty, it is much worse. God places a greater responsibility on leaders because of the damage caused the body of Christ if and when they fail the God say’s; “For the leaders of this people cause them to err, And those who are led by them are destroyed.” Isaiah 9:16 (NKJV). God also told David his sin with Bathsheba gave the enemies of the Lord great occasion to blaspheme (2 Samuel 12:14)

TO THE LEADERS OF THE PEOPLE OF GOD

(21) “You, therefore, who teach another, do you not teach yourself? You who preach that a man should not steal, do you steal? (22) “You who say, “Do not commit adultery,” do you commit adultery? You who abhor idols, do you rob temples? (23) “You who make your boast in the law, do you dishonor God through breaking the law? (24) “For “the name of God is blasphemed among the Gentiles because of you,” as it is written.”[Romans 2:21–24 (NKJV)]

According as he hath chosen us in him before the foundation of the world, that we should be holy and without blame before him in love: Ephesians 1:4

But fornication, and all uncleanness, or covetousness, let it not be once named among you, as becometh saints; Ephesians 5:3

26 That he might sanctify and cleanse it with the washing of water by the word, 27 That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish. Ephesians 5:26–27

Below is a copy of the “letter of intent to sue” sent to Bishop Sheard and Bishop Blake: It was subsequently sent from the office of the Chairman of the Board of Bishops.